People v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered October 12, 2005, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the photo array from which the complainant identified the defendant was not unduly suggestive. A photographic display is suggestive when some *729characteris…
2Cases cited5 opinions
- People v. RobertAppellate Division of the Supreme Court of the State of New York · 1992
- People v. RagunauthAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BoriaAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by10 opinions
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- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FergusonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 2009
- People v. StallingsAppellate Division of the Supreme Court of the State of New York · 2008
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